ENTRY ORDER SUPREME COURT DOCKET NO OCTOBER TERM, v. } District Court of Vermont, In the above-entitled cause, the Clerk will enter:
|
|
- Jordan Snow
- 5 years ago
- Views:
Transcription
1 Note: Decisions of a three-justice panel are not to be considered as precedent before any tribunal. ENTRY ORDER SUPREME COURT DOCKET NO OCTOBER TERM, 2006 State of Vermont } APPEALED FROM: } } v. } District Court of Vermont, } Unit No. 2, Chittenden Circuit Robert Bushey } } DOCKET NOS , & CnCr Trial Judge: Michael S. Kupersmith In the above-entitled cause, the Clerk will enter: Defendant Robert Bushey appeals from a judgment of conviction, based on a jury verdict, of burglary, aggravated operation of a motor vehicle without the owner=s consent, and operation without consent. He contends that the trial court: (1) erroneously denied his right to counsel when entertaining and granting his pro se motion to withdraw his plea; and (2) improperly permitted the jury to pose an allegedly irrelevant and prejudicial question. We affirm.
2 The charges arose from a series of incidents that occurred on June 14, 2004 in the city of Burlington. At approximately 5:15 p.m., Jennaway Pearson reported to the police that her white Pontiac Sunfire with Connecticut license plates had been stolen from a Mobil gas station on South Winooski Avenue. Later that evening, the police discovered the vehicle in a lot and dusted it for prints, one of which, taken from near the driver=s door handle, matched defendant=s left thumbprint. While following the truck that was towing Ms. Pearson=s car to her residence, the investigating officer was flagged down by a woman named Donna Sdankus, who reported that a man had tried unsuccessfully to steal her truck from Cumberland Farms, and had the fled across the street. Ms. Sdankus and another patron provided a description of the man, and shortly thereafter police stopped defendant, who matched the description. Ms. Sdankus identified defendant in a police drive-by, and he was taken into custody. Ms. Pearson later called the police to report that she had found a purse in her vehicle that did not belong to her. The police subsequently determined that it belonged to Megan Parrott, who lived in the same apartment building as defendant=s father. Defendant had been in Ms. Parrott=s apartment during the earlier part of the day in question and had left, but Ms. Parrott testified that she heard someone enter the apartment later that day while she was in the bathroom. She saw defendant walking away from the building toward a white car around 6:00 p.m. Two other witnesses, including defendant=s father, also saw defendant that day in a white vehicle with out-of-state plates. The police theorized that defendant had stolen Ms. Pearson=s vehicle, driven it to Ms. Parrott=s apartment where he stole her purse and abandoned the vehicle, and subsequently attempted to steal Ms. Sdankus=s truck. He was charged with one count of burglary, one count of aggravated operation without the consent of the owner, and one count of operation without consent. In December 2004, following notice that the public defender had a conflict of interest, the court appointed attorney Harley Brown to represent defendant. In February 2005, while represented by attorney Brown, defendant entered into a plea agreement under which he agreed to plead guilty to the amended charge of petit larceny and two misdemeanor charges of operating a motor vehicle without the owner=s consent. In return, the State agreed to argue for a sentence of no more than
3 eighteen months to five years to serve. The court accepted the plea, ordered a PSI, and set the matter for sentencing. Several weeks later, however, defendant filed a notice of pro se appearance and a motion to waive counsel and withdraw his guilty plea. In a supporting affidavit, defendant stated that he had Aencouraged@ counsel to seek a trial and that counsel had Aavoided this endeavor@ and failed to consult with defendant. The court held a hearing on the motions in late March Defendant and attorney Brown were both present. In response to questioning by the court, defendant indicated that he wanted to represent himself because he had been pressured into accepting the plea agreement. Defendant further indicated that he understood that, if the withdrawal motion was granted, the felony charges would be reinstated and he would face a maximum sentence of twenty-two years. After a number of further warnings from the court about the risks of self-representation, the court granted the motion to withdraw the guilty plea, but denied the motion to appear pro se. The court indicated that defendant would continue to be represented by attorney Brown, and defendant responded Athat=s fine with me.@ The case proceeded to trial in May The jury returned a verdict of guilty on all counts, and defendant was later sentenced to an aggregate term of three to fifteen years. This appeal followed. Defendant first contends the court violated his statutory and constitutional right to counsel when, without having granted the motion to waive counsel, it nevertheless granted the motion to withdraw the plea without consulting counsel or ensuring that defendant had done so. Defendant notes correctly that defense counsel has a duty not only to communicate the terms of any plea offer but also to advise about its merits compared to the chances of success at trial. State v. Bristol, 159 Vt. 334, 338 (1992). What defendant overlooks here is that his attorney had plainly rendered such advise in counseling defendant to accept the State=s offer to reduce the charges and argue for a reduced sentence, and defendant had initially accepted this advice by entering into the plea agreement. It is the defendant who ultimately controls the decision on how to plead, however, and he was thus entitled to seek to withdraw his plea here on the ground that he was improperly pressured to accept it. See In Trombly, 160 Vt. 215, 218 (1993) (decisions as to whether to testify and how to plead are made by the defendant).
4 Under the circumstances, we are hard pressed to fault the court for not Ainvolving counsel when addressing the [withdrawal] as urged by defendant, when counsel=s view of the plea agreement and advice were obvious from his prior actions, and defendant=s motion was based on a claim of undue pressure and improper preparation by counsel. In addition, we note that counsel was present at the hearing and available to render further advice to defendant on his decision to withdraw the plea, had defendant so desired. Indeed, nothing in the record before us shows that such a consultation did not occur. Furthermore, the record shows that the court carefully inquired as to defendant=s reasons for seeking to withdraw his plea, and ensured that defendant understood the consequences of doing so. Accordingly, even if the court erred in some respect in failing to ensure that counsel had been consulted, we are satisfied that defendant=s decision was knowing and voluntary. See State v. Mears, 170 Vt. 336, (2000) (finding that record was adequate to show a knowing and intelligent withdrawal of plea where court personally addressed defendant to ascertain the reasons for changing his plea to not guiltyche claimed to have felt Apressured@Cand ensured that he understood the consequences of withdrawal). Accordingly, we discern no basis to disturb the judgment. Defendant further contends the court erred by overruling an objection on relevance grounds and allowing a jury question to Ms. Pearson inquiring as what had been stolen from her car. She testified, in response, that she assumed a number of items had been taken because they were missing and had never been found, including a passport, a checkbook, some CD=s, her keys, and about $60 in cash. Although the court found the evidence to be relevant to the question of whether Ms. Pearson had consented to the use of her car, defendant contests the finding on the ground that Ms. Pearson=s lack of consent was undisputed, the only issue being the identity of the person who took the vehicle. We need not resolve the issue, however, for it is apparent that any possible error was entirely harmless beyond a reasonable doubt. Ms. Pearson had previously testified without objection that, when the police returned her car, she noticed that some of her personal items were missing. The information provided in response to the jury question added nothing of substance, and provides no support to defendant=s claim that he was prejudiced by the improper question. See State v. Sweeney, 2005 VT 11, & 14, 178 Vt. 1 (finding erroneous admission of evidence to be harmless where it was cumulative of testimony previously admitted without objection).
5 Affirmed. BY THE COURT: Paul L. Reiber, Chief Justice John A. Dooley, Associate Justice Marilyn S. Skoglund, Associate Justice
NC General Statutes - Chapter 15A Article 91 1
Article 91. Appeal to Appellate Division. 15A-1441. Correction of errors by appellate division. Errors of law may be corrected upon appellate review as provided in this Article, except that review of capital
More informationENTRY ORDER SUPREME COURT DOCKET NOS & JUNE TERM, 2015
Note: Decisions of a three-justice panel are not to be considered as precedent before any tribunal. ENTRY ORDER SUPREME COURT DOCKET NOS. 2014-332 & 2014-357 JUNE TERM, 2015 State of Vermont APPEALED FROM:
More informationENTRY ORDER SUPREME COURT DOCKET NO JULY TERM, 2014
Note: Decisions of a three-justice panel are not to be considered as precedent before any tribunal. ENTRY ORDER SUPREME COURT DOCKET NO. 2013-330 JULY TERM, 2014 In re Stanley Mayo } APPEALED FROM: } }
More informationIN THE COURT OF COMMON PLEAS OF GREENE COUNTY, PENNSYLVANIA IN THE CRIMINAL DIVISION
-GR-102-Guilty Plea IN THE COURT OF COMMON PLEAS OF GREENE COUNTY, PENNSYLVANIA IN THE CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA ) NO. Criminal Sessions, VS. ) Charge: ) ) Defendant. ) BEFORE THE
More informationENTRY ORDER 2008 VT 108 SUPREME COURT DOCKET NOS & MARCH TERM, 2008
State v. LaFlam (2006-326 & 2006-417) 2008 VT 108 [Filed 21-Aug-2008] ENTRY ORDER 2008 VT 108 SUPREME COURT DOCKET NOS. 2006-326 & 2006-417 MARCH TERM, 2008 State of Vermont APPEALED FROM: v. District
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANT: KIMBERLY A. JACKSON Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis,
More informationIN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO CP COA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE
E-Filed Document Apr 20 2016 15:53:20 2015-CP-00893-COA Pages: 30 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI ERNIE WHITE APPELLANT VS. NO. 2015-CP-00893-COA STATE OF MISSISSIPPI APPELLEE BRIEF
More informationENTRY ORDER 2007 VT 43 SUPREME COURT DOCKET NO MARCH TERM, 2007
State v. Chicoine (2005-529) 2007 VT 43 [Filed 24-May-2007] ENTRY ORDER 2007 VT 43 SUPREME COURT DOCKET NO. 2005-529 MARCH TERM, 2007 State of Vermont } APPEALED FROM: } } v. } District Court of Vermont,
More informationENTRY ORDER SUPREME COURT DOCKET NO DECEMBER TERM, 2012
Note: Decisions of a three-justice panel are not to be considered as precedent before any tribunal. ENTRY ORDER SUPREME COURT DOCKET NO. 2012-111 DECEMBER TERM, 2012 State of Vermont } APPEALED FROM: }
More information2017 VT 84. No Timothy B. Tomasi, J. (summary judgment); Howard E. Van Benthuysen, J. (final judgment)
NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions
More informationIN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT UNION COUNTY PLAINTIFF-APPELLEE, CASE NO
[Cite as State v. Carey, 2011-Ohio-1998.] IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT UNION COUNTY STATE OF OHIO, PLAINTIFF-APPELLEE, CASE NO. 14-10-25 v. SHONTA CAREY, O P I N I O N DEFENDANT-APPELLANT.
More informationv. Record No OPINION BY JUSTICE DONALD W. LEMONS November 2, 2001 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA
Present: All the Justices DAVID MICHAEL SCATES v. Record No. 010091 OPINION BY JUSTICE DONALD W. LEMONS November 2, 2001 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA In this appeal, we
More informationThe court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON
The court process How the criminal justice system works. CONSUMER GUIDE FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON Inside The process Arrest and complaint Preliminary hearing Grand jury Arraignment
More informationENTRY ORDER 2011 VT 55 SUPREME COURT DOCKET NO NOVEMBER TERM, 2010
State v. Faham (2009-290) 2011 VT 55 [Filed 18-May-2011] ENTRY ORDER 2011 VT 55 SUPREME COURT DOCKET NO. 2009-290 NOVEMBER TERM, 2010 State of Vermont } APPEALED FROM: } } v. } District Court of Vermont,
More informationUNDERSTANDING THE APPELLATE PROCESS IN THE FOURTH DISTRICT COURT OF APPEAL
UNDERSTANDING THE APPELLATE PROCESS IN THE FOURTH DISTRICT COURT OF APPEAL (Submitted by appellate lawyer members of the Palm Beach County Appellate Practice Committee) THE INFORMATION CONTAINED BELOW
More informationIN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO. : O P I N I O N - vs - 4/26/2010 :
[Cite as State v. Childs, 2010-Ohio-1814.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY STATE OF OHIO, : Plaintiff-Appellee, : CASE NO. CA2009-03-076 : O P I N I O N - vs -
More informationENTRY ORDER 2008 VT 82 SUPREME COURT DOCKET NO MARCH TERM, 2008
In re Shaimas (2006-492) 2008 VT 82 [Filed 10-Jun-2008] ENTRY ORDER 2008 VT 82 SUPREME COURT DOCKET NO. 2006-492 MARCH TERM, 2008 In re Christopher M. Shaimas APPEALED FROM: Chittenden Superior Court DOCKET
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2002 JERAIL L. LAW, Appellant, v. Case No. 5D01-3202 STATE OF FLORIDA, Appellee. / Opinion filed September 6, 2002 Appeal
More informationNOS and IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
NOS. 29314 and 29315 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I STATE OF HAWAI'I, Plaintiff-Appellee, v. JAMES WAYNE SHAMBLIN, aka STEVEN J. SOPER, Defendant-Appellant. APPEAL FROM THE
More information2016 VT 62. No On Appeal from v. Superior Court, Windham Unit, Civil Division. State of Vermont March Term, 2016
NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions
More informationCOURT OF APPEALS THIRD APPELLATE DISTRICT DEFIANCE COUNTY. v. O P I N I O N. CHARACTER OF PROCEEDINGS: Criminal Appeal from Common Pleas Court.
[Cite as State v. Orta, 2006-Ohio-1995.] COURT OF APPEALS THIRD APPELLATE DISTRICT DEFIANCE COUNTY STATE OF OHIO CASE NUMBER 4-05-36 PLAINTIFF-APPELLEE v. O P I N I O N ERICA L. ORTA DEFENDANT-APPELLANT
More informationSTATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY
[Cite as State v. Ramsey, 2008-Ohio-1052.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) STATE OF OHIO C. A. No. 23885 Appellee v. DWAYNE CHRISTOPHER RAMSEY Appellant
More informationSupreme Court of Florida
Supreme Court of Florida No. SC09-941 CLARENCE DENNIS, Petitioner, vs. STATE OF FLORIDA, Respondent. CANADY, C.J. [December 16, 2010] CORRECTED OPINION In this case we consider whether a trial court should
More informationLegal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A
Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Acquittal a decision of not guilty. Advisement a court hearing held before a judge to inform the defendant about the charges against
More information2012 VT 71. No On Appeal from v. Superior Court, Bennington Unit, Criminal Division. Paul Bourn March Term, 2012
State v. Bourn (2011-161) 2012 VT 71 [Filed 31-Aug-2012] NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports.
More informationNOT DESIGNATED FOR PUBLICATION. No. 115,181 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee,
NOT DESIGNATED FOR PUBLICATION No. 115,181 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. WILLIAM PORTER SWOPES, Appellant. MEMORANDUM OPINION Affirmed. Appeal from Shawnee
More informationTHE STATE OF NEW HAMPSHIRE SUPREME COURT
THE STATE OF NEW HAMPSHIRE SUPREME COURT In Case No. 2013-0169, State of New Hampshire v. James Rand, the court on August 13, 2014, issued the following order: The defendant, James Rand, appeals his convictions
More informationIN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. Plaintiff-Appellee : C.A. CASE NO v. : T.C. NO. 12CR684
[Cite as State v. Haney, 2013-Ohio-1924.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee : C.A. CASE NO. 25344 v. : T.C. NO. 12CR684 BRIAN S. HANEY : (Criminal appeal
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, FOR PUBLICATION January 24, 2006 9:20 a.m. v No. 257036 Tuscola Circuit Court CORINNE MICHELLE MELTON, LC No. 03-008812-FH
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs August 15, 2006
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs August 15, 2006 JAMES MATTHEW GRAY v. STATE OF TENNESSEE Direct Appeal from the Criminal Court for Davidson County No. 2002-D-2051
More informationS12A0623. JACKSON v. THE STATE. Following a jury trial, Cecil Jackson, Jr. appeals his conviction for malice
In the Supreme Court of Georgia Decided: April 24, 2012 S12A0623. JACKSON v. THE STATE. MELTON, Justice. Following a jury trial, Cecil Jackson, Jr. appeals his conviction for malice murder, aggravated
More informationCOURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS
COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS Section 1. Title... 2 Section 2. Purpose... 2 Section 3. Definitions... 2 Section 4. Fundamental Rights of Defendants... 4 Section 5. Arraignment...
More informationTHE STATE OF NEW HAMPSHIRE SUPREME COURT
THE STATE OF NEW HAMPSHIRE SUPREME COURT In Case No. 2017-0439, State of New Hampshire v. Cesar Abreu, the court on November 15, 2018, issued the following order: The defendant, Cesar Abreu, appeals his
More informationIN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL
Commonwealth v. Lazarus No. 5165, 5166, 5171, 5172-2012 Knisely, J. January 12, 2016 Criminal Law Post Conviction Relief Act (PCRA) Ineffective Assistance of Counsel Guilty Plea Defendant not entitled
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE FEBRUARY 1999 SESSION
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE FILED June 4, 1999 FEBRUARY 1999 SESSION Cecil Crowson, Jr. Appellate Court Clerk GARY WAYNE LOWE, ) ) C.C.A. No. 03C01-9806-CR-00222 Appellant,
More informationIN THE SUPREME COURT OF FLORIDA
IN THE SUPREME COURT OF FLORIDA MICHAEL CONSIGLIO, ) ) Petitioner, ) ) vs. ) CASE NO.SC99-125 ) DCA No. 98-3528 STATE OF FLORIDA, ) ) Respondent. ) ) PETITIONER S BRIEF ON THE MERITS On Review from the
More informationNOT DESIGNATED FOR PUBLICATION. No. 118,547 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. RAYMOND CHRISTOPHER LOPEZ, Appellant,
NOT DESIGNATED FOR PUBLICATION No. 118,547 IN THE COURT OF APPEALS OF THE STATE OF KANSAS RAYMOND CHRISTOPHER LOPEZ, Appellant, v. STATE OF KANSAS, Appellee. MEMORANDUM OPINION 2018. Affirmed. Appeal from
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Julie Anne Perez, Notary Public, : Petitioner : : v. : No. 1289 C.D. 2003 : Submitted: January 16, 2004 Bureau of Commissions, Elections and : Legislation, : Respondent
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs February 2, 2010
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs February 2, 2010 BILLY HARRIS v. STATE OF TENNESSEE Appeal from the Criminal Court for Shelby County No. 01-02675 Carolyn Wade
More informationVirgin Islands v. Moolenaar
1998 Decisions Opinions of the United States Court of Appeals for the Third Circuit 1-8-1998 Virgin Islands v. Moolenaar Precedential or Non-Precedential: Docket 96-7766 Follow this and additional works
More informationENTRY ORDER 2009 VT 104 SUPREME COURT DOCKET NOS & SEPTEMBER TERM, 2009
State v. Santimore (2009-063 & 2009-064) 2009 VT 104 [Filed 03-Nov-2009] ENTRY ORDER 2009 VT 104 SUPREME COURT DOCKET NOS. 2009-063 & 2009-064 SEPTEMBER TERM, 2009 State of Vermont APPEALED FROM: v. District
More informationUNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. Nos & September Term, 2014 ANTHONY NYREKI EDWARDS STATE OF MARYLAND
UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND Nos. 2561 & 2562 September Term, 2014 ANTHONY NYREKI EDWARDS v. STATE OF MARYLAND Eyler, Deborah S., Wright, Friedman, JJ. CONSOLIDATED CASES Opinion
More informationI N T H E COURT OF APPEALS OF INDIANA
MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res
More informationUnited States Court of Appeals
In the United States Court of Appeals For the Seventh Circuit No. 16-3970 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DAJUAN KEY, Defendant-Appellant. Appeal from the United States District Court
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 16 August v. Rowan County Nos. 06 CRS CRS NICHOLAS JERMAINE STEELE
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationS18A1394. FAVORS v. THE STATE. a jury found him guilty of malice murder and other crimes in connection with
In the Supreme Court of Georgia Decided: March 4, 2019 S18A1394. FAVORS v. THE STATE. BETHEL, Justice. Dearies Favors appeals from the denial of his motion for new trial after a jury found him guilty of
More informationState v. Camper, September Term 2008, No. 82
State v. Camper, September Term 2008, No. 82 CRIMINAL LAW - MARYLAND RULE 4-215 - The harmless error doctrine does not apply to violations of Maryland Rule 4-215(a)(3). Consequently, a trial court s failure
More informationCourt of Appeals of Georgia. FRAZIER v. The STATE. No. A11A0196. July 12, 2011.
--- S.E.2d ----, 2011 WL 2685725 (Ga.App.) Briefs and Other Related Documents Only the Westlaw citation is currently available. Court of Appeals of Georgia. FRAZIER v. The STATE. No. A11A0196. July 12,
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs June 7, 2016
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs June 7, 2016 STATE OF TENNESSEE v. BRYANT MONTRELL HUNT Appeal from the Circuit Court for Madison County No. 15-275 Donald H.
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED January 31, 2003 v No. 235191 Calhoun Circuit Court CURTIS JOHN-LEE BANKS, LC No. 00-002668-FH Defendant-Appellant.
More informationCourt Records Glossary
Court Records Glossary Documents Affidavit Answer Appeal Brief Case File Complaint Deposition Docket Indictment Interrogatories Injunction Judgment Opinion Pleadings Praecipe A written or printed statement
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 17, 2007
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 17, 2007 ROCKY J. HOLMES v. STATE OF TENNESSEE Appeal from the Circuit Court for Marshall County No. 16444 Robert Crigler,
More informationFILED IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JULY SESSION, October 29, 1999
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JULY SESSION, 1999 FILED October 29, 1999 Cecil Crowson, Jr. Appellate Court Clerk STATE OF TENNESSEE, ) C.C.A. NO. 01C01-9809-CC-00368 ) Appellee,
More informationCourt of Appeals of Ohio
[Cite as State v. Manus, 2011-Ohio-603.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94631 STATE OF OHIO PLAINTIFF-APPELLEE vs. MARQUES MANUS DEFENDANT-APPELLANT
More informationAPPEAL from a judgment and an order of the circuit court for Milwaukee County: TIMOTHY G. DUGAN, Judge. Affirmed.
COURT OF APPEALS DECISION DATED AND FILED September 3, 2008 David R. Schanker Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear
More informationIN THE SUPREME COURT OF THE STATE OF KANSAS. No. 102,129. STATE OF KANSAS, Appellee, ANTHONY ALEXANDER EBABEN, Appellant. SYLLABUS BY THE COURT
IN THE SUPREME COURT OF THE STATE OF KANSAS No. 102,129 STATE OF KANSAS, Appellee, v. ANTHONY ALEXANDER EBABEN, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 22-3210(a)(4) provides that a trial court may
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs May 3, 2005
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs May 3, 2005 STATE OF TENNESSEE v. KEITH DOTSON Appeal from the Criminal Court for Shelby County No. 03-07367 Chris Craft, Judge
More informationCommonwealth of Kentucky Court of Appeals
RENDERED: MARCH 3, 2017; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-001017-MR WILLIE PALMER APPELLANT APPEAL FROM CAMPBELL CIRCUIT COURT v. HONORABLE FRED A. STINE,
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 26, 2004
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 26, 2004 MICHAEL DWAYNE CARTER v. STATE OF TENNESSEE Appeal from the Criminal Court for Knox County No. 77242 Richard
More informationIN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT WYANDOT COUNTY PLAINTIFF-APPELLEE, CASE NO
[Cite as State v. Stroub, 2011-Ohio-169.] IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT WYANDOT COUNTY STATE OF OHIO, PLAINTIFF-APPELLEE, CASE NO. 16-10-02 v. EDWARD D. STROUB, O P I N I O N
More informationJackson County Prosecutor s Office Conviction Review Unit
Jackson County Prosecutor s Office Conviction Review Unit APPLICATION FOR CONVICTION REVIEW The Conviction Review Unit of the Jackson County Prosecuting Attorney s Office investigates only claims of actual
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 5 November On writ of certiorari to review order entered 29 May 2012
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationSUPREME COURT DOCKET NO OCTOBER TERM, v. } Windham Superior Court. Intervenor, and } DOCKET NOS , &
Note: Decisions of a three-justice panel are not to be considered as precedent before any tribunal. ENTRY ORDER SUPREME COURT DOCKET NO. 2005-476 OCTOBER TERM, 2006 Anna St. Clair } APPEALED FROM: } v.
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No EDA 2012
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. KHARIS BRAXTON Appellant No. 1387 EDA 2012 Appeal from the Judgment
More informationJudgment rendered September. Anthony G Falterman FIRST CIRCUIT VERSUS JOSHUA WEATHERSPOON BEFORE NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2007 KA 0723 STATE OF LOUISIANA VERSUS JOSHUA WEATHERSPOON Judgment rendered September 14 2007 V On Appeal from the 23rd
More informationTHE STATE OF NEW HAMPSHIRE SUPREME COURT
THE STATE OF NEW HAMPSHIRE SUPREME COURT In Case No. 2016-0084, State of New Hampshire v. Andrew Tulley, the court on April 26, 2017, issued the following order: Having considered the briefs and record
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed October 29, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D13-2371 Lower Tribunal No. 12-4783 M.H., a juvenile,
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs March 19, 2008
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs March 19, 2008 STATE OF TENNESSEE v. KRISTA REGINA LESCH Direct Appeal from the Criminal Court for Davidson County Nos. 2002-A-375,
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED September 9, 2003 v No. 235372 Mason Circuit Court DENNIS RAY JENSEN, LC No. 00-015696 Defendant-Appellant.
More informationAppeal from the PCRA Order June 20, 2001 In the Court of Common Pleas of York County Criminal, No. 977 CA 1985
2002 PA Super 115 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF Appellant : PENNSYLVANIA : vs. : : JOHN MARSHALL PAYNE, III, : Appellee : No. 1224 MDA 2001 Appeal from the PCRA Order June 20,
More informationMANUAL - CHAPTER 15 SENTENCING. Before you accept a guilty plea or start a criminal trial, you should know and follow URPJC 3.08
MANUAL - CHAPTER 15 SENTENCING GENERALLY Before you accept a guilty plea or start a criminal trial, you should know and follow URPJC 3.08 URJPC RULE 3.08 PLEAS A defendant may plead not guilty, or guilty,
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT SHARON MARIE WEAVER, Appellant, v. Case No. 2D16-4461 STATE OF
More informationIN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY : : : : : : : : : :... O P I N I O N
[Cite as State v. Clark, 2016-Ohio-39.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY STATE OF OHIO Plaintiff-Appellee v. DAVID E. CLARK Defendant-Appellant Appellate Case
More informationUNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. August Term, (Argued: March 28, 2018 Decided: May 30, 2018) Docket No
17-689 United States v. Roe 17 689 United States v. Rose UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2017 (Argued: March 28, 2018 Decided: May 30, 2018) Docket No. 17 689 UNITED
More informationNo IN THE SUPREME COURT OF THE STATE OF MONTANA
No. 90-549 IN THE SUPREME COURT OF THE STATE OF MONTANA 1992 IN RE THE PETITION OF KORI LANE LAKE. APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Mineral, The Honorable
More informationFelony Cases. Police Investigation. Associate Circuit Court. Felony Versus Misdemeanor
Felony Cases This outline describes how felony cases generally move through the criminal justice system. Cases may deviate from the outline at any time. It can be difficult to predict how a case will move
More informationIN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA, * * * * * * * *
-a-slz 2017 S.D. 33 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA STATE OF SOUTH DAKOTA, v. JEREMY JACOB GOODSHOT, Plaintiff and Appellee, Defendant and Appellant. APPEAL FROM THE CIRCUIT COURT OF
More informationBRIEF OF THE APPELLANT
E-Filed Document Nov 2 2015 18:30:21 2015-KA-00898-COA Pages: 14 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI GREGORY LORENZO PRITCHETT APPELLANT V. NO. 2015-KA-00898-COA STATE OF MISSISSIPPI APPELLEE
More informationIN THE SUPREME COURT OF FLORIDA DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
IN THE SUPREME COURT OF FLORIDA RONALD COTE Petitioner vs. Case No.SC00-1327 STATE OF FLORIDA, Respondent / DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BRIEF
More informationCriminal Cases TABLE OF CONTENTS
Criminal Cases TABLE OF CONTENTS Rhode Island Supreme Court 2016-2017 Term State v. Kimberly Fry, 130 A.3d 812 (R.I. 2016)...1. State v. Gary Gaudreau, 139 A.3d 433 (R.I. 2016)..3. State v. Jonathan Martinez,
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 2, KENNETH RAY JOBE v. STATE OF TENNESSEE
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 2, 2014 KENNETH RAY JOBE v. STATE OF TENNESSEE Appeal from the Circuit Court for Dyer County No. 10-CR-29 Russell Lee
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No WDA 2013
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. DAVID J. MCCLELLAND Appellant No. 1776 WDA 2013 Appeal from the
More information***Please see Nunc Pro Tunc Entry at 2003-Ohio-826.*** IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT PICKAWAY COUNTY APPEARANCES
[Cite as State v. Clark, 2002-Ohio-6684.] ***Please see Nunc Pro Tunc Entry at 2003-Ohio-826.*** IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT PICKAWAY COUNTY State of Ohio, : : Plaintiff-Appellee,
More informationIN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : VS. : NO. : :
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : VS. : NO. : : GUILTY PLEA COLLOQUY EXPLANATION OF DEFENDANT S RIGHTS You or your attorney
More informationCase: 1:03-cr Document #: 205 Filed: 10/06/10 Page 1 of 7 PageID #:535
Case: 1:03-cr-00636 Document #: 205 Filed: 10/06/10 Page 1 of 7 PageID #:535 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA, ) ) No. 03 CR 636-6 Plaintiff/Respondent,
More informationSTRUCTURE OF A CRIMINAL TRIAL: (FELONY)
TRIAL: (FELONY) STRUCTURE OF A CRIMINAL Crimes are divided into 2 general classifications: felonies and misdemeanors. A misdemeanor is a lesser offense, punishable by community service, probation, fine
More informationS09A0155. TIMMRECK v. THE STATE. A jury found Christopher Franklin Timmreck guilty of the malice murder
Final Copy 285 Ga. 39 S09A0155. TIMMRECK v. THE STATE. Carley, Justice. A jury found Christopher Franklin Timmreck guilty of the malice murder of Brian Anderson. The trial court entered judgment of conviction
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 20, 2001
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 20, 2001 STATE OF TENNESSEE v. JASHUA SHANNON SIDES Direct Appeal from the Criminal Court for Hamilton County Nos. 225250
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 MICHAEL V. MONTIJO, Appellant, v. Case No. 5D09-3434 STATE OF FLORIDA, Appellee. / Opinion filed April 15, 2011
More informationS08A0002. MORRIS v. THE STATE. Following a jury trial, Alfred Morris was convicted of felony murder and
FINAL COPY 284 Ga. 1 S08A0002. MORRIS v. THE STATE. Melton, Justice. Following a jury trial, Alfred Morris was convicted of felony murder and various other offenses in connection with the armed robbery
More informationCOURT OF APPEALS OF VIRGINIA. EDDIE CROSS OPINION BY v. Record No JUDGE WILLIAM G. PETTY APRIL 3, 2007 COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA Present: Judges Frank, Petty and Senior Judge Willis Argued at Chesapeake, Virginia EDDIE CROSS OPINION BY v. Record No. 2781-04-1 JUDGE WILLIAM G. PETTY APRIL 3, 2007 COMMONWEALTH
More informationNOT DESIGNATED FOR PUBLICATION. Nos. 114, ,187 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. TERRY F. WALLING, Appellant,
NOT DESIGNATED FOR PUBLICATION Nos. 114,186 114,187 IN THE COURT OF APPEALS OF THE STATE OF KANSAS TERRY F. WALLING, Appellant, v. STATE OF KANSAS, Appellee. MEMORANDUM OPINION Appeal from Johnson District
More informationSTATE OF OHIO DEVONTE CANNON
[Cite as State v. Cannon, 2010-Ohio-6156.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94146 STATE OF OHIO PLAINTIFF-APPELLEE vs. DEVONTE CANNON
More informationVictim / Witness Handbook. Table of Contents
Victim / Witness Handbook Table of Contents A few words about the Criminal Justice System Arrest Warrants Subpoenas Misdemeanors & Felonies General Sessions Court Arraignment at General Sessions Court
More information2018 VT 110. No On Appeal from v. Superior Court, Chittenden Unit, Criminal Division. Victor L. Pixley September Term, 2018
NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions
More informationIN THE SUPREME COURT OF THE STATE OF KANSAS. No. 98,716. STATE OF KANSAS, Appellee, MICHAEL HUGHES, Appellant. SYLLABUS BY THE COURT
IN THE SUPREME COURT OF THE STATE OF KANSAS No. 98,716 STATE OF KANSAS, Appellee, v. MICHAEL HUGHES, Appellant. SYLLABUS BY THE COURT 1. The State must prove a defendant's criminal history score by a preponderance
More informationAPPEAL from a judgment of the circuit court for Grant County: CRAIG R. DAY, Judge. Reversed.
COURT OF APPEALS DECISION DATED AND FILED May 23, 2013 Diane M. Fremgen Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in the
More informationAPPEAL from a judgment and an order of the circuit court for Kenosha County: ANTHONY G. MILISAUSKAS, Judge. Affirmed.
COURT OF APPEALS DECISION DATED AND FILED June 10, 2015 Diane M. Fremgen Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in the
More informationSTATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2009 KA 1159 STATE OF LOUISIANA VERSUS RICHARD T PENA. Judgment Rendered December
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2009 KA 1159 f 0Q STATE OF LOUISIANA VERSUS RICHARD T PENA Judgment Rendered December 23 2009 On Appeal 22nd Judicial
More informationENTRY ORDER 2012 VT 51 SUPREME COURT DOCKET NO FEBRUARY TERM, 2012
State v. Tetrault (2011-068) 2012 VT 51 Filed 05-Jul-2012 ENTRY ORDER 2012 VT 51 SUPREME COURT DOCKET NO. 2011-068 FEBRUARY TERM, 2012 State of Vermont } APPEALED FROM: } } v. } Superior Court, Orange
More information